richmond journal of law & te chnology

Richmond Journal of Law & Technology Volume XII, Issue 2

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TABLE OF CONTENTS

LETTER FROM THE EDITOR MASTHEAD ARTICLES 1. E-COMMERCE: LEGAL ISSUES OF THE ONLINE RETAILER IN VIRGINIA

By: Jonathan D. Frieden, Esq. and Sean Patrick Roche, Esq.

2. THE Z-TEST FOR PERCENTAGES: A STATISTICAL TOOL TO DETECT PRETEXTUALLY NEUTRAL JUROR CHALLENGES By: Marvin L. Longabaugh, Esq.

3. VIRTUAL PROPERTY: PROTECTING BITS IN CONTEXT

By: Michael Meehan, Ph.D. 4. FAULKNER V. NATIONAL GEOGRAPHIC’S EFFECT ON AUTHOR'S RIGHTS

IN ELECTRONIC TRANSFER By: Allison Hundstad


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December 19, 2006 Richmond Journal of Law & Technology University of Richmond School of Law 28 Westhampton Way University of Richmond, Virginia 23173 Dear Readers, The Richmond Journal of Law and Technology is proud to present its second issue of the 2006–2007 academic school year. The Journal staff has worked diligently during the first half of the year to produce an exceptional issue. The first article of this issue is written by Jonathan D. Frieden and Sean Patrick Roche. Mr. Frieden is a Principal at Odin, Feldman & Pittleman, P.C., in Fairfax, Virginia. He is a 1997 graduate of the University of Richmond School of Law. His co-author, Sean Patrick Roche, is an associate at Odin, Feldman & Pittleman, P.C., and a 2004 graduate of the University of Richmond School of Law. Their article, E-Commerce, Legal Issues of the Online Retailer in Virginia, outlines the legal implications associated with online commerce in the state of Virginia. Marvin L. Longabaugh presents the second article of this issue, The Z-Test for Percentages: A Statistical Tool to Detect Pretextualyl Neutral Juror Challenges. Mr. Longabaugh’s article uses an original data set and statistical computation known as the Z-Test to investigate potentially discriminatory voir dire questions. Mr. Longabaugh is a 2001 graduate of the Boyd School of Law, University of Nevada Las Vegas, and currently President and CEO of Magellan Research, a public opinion research firm. The third article is written by Dr. Michael Meehan. His article, Virtual Property: Protecting Bits in Context, explores the unique property rights issues created by online virtual gaming, an emerging topic in computer and intellectual property law. Dr. Meehan has a Ph.D. in computer science and will graduate from Stanford University Law School in May of 2007. The final note of this issue is presented by Allison Hundstad, a second year student at the University of Richmond School of Law. Ms.


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Hundstad’s article, Faulkner v. National Geographic’s’ Effect on Author's Rights in Electronic Transfer, is the winning submission in the Richmond Journal of Law and Technology’s annual staff competition. Her manuscript evaluates the legal implications of Faulkner v. National Geographic on authors’ rights to control the reproduction of their copyrighted work. The Journal would especially like to thank the faculty and staff at the University of Richmond for their continued support and guidance. Our faculty advisor, James Gibson, has provided much needed and valuable assistance with the publication of this issue. We look forward to the publication of the final two issues of this school year and hope to continue to produce scholarly and relevant works for the legal community. Thank you for visiting the Richmond Journal of Law and Technology. As our readers, JOLT welcomes your comments, suggestions, submission, and general feedback at [email protected]. Sincerely, Jon S. Player Editor-in-Chief


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2006-2007 EDITORIAL BOARD JON S. PLAYER

EDITOR-IN-CHIEF LAURAN E. GLASSMAN

MANAGING EDITOR

HILLARY A. PEET EXECUTIVE EDITOR

JOHN M. COLLINS TECHNICAL EDITOR

MICHAEL J. CLEMENTS* NOTES & COMMENTS

KIMBERLY L. FITZGERALD ARTICLES EDITOR

KAREN L. GODNICK MANUSCRIPTS EDITOR

REBECCA L. ROCKWOOD* MANUSCRIPTS EDITOR

MACIEK J. KEPKA EXTERNAL AFFAIRS EDITOR

CHARLOTTE A. DAUPHIN ANNUAL SURVEY EDITOR

B. WESLEY BARGER, JR. SOLICITATIONS EDITOR

SENIOR STAFF

JOEY BIAGIONI ALLISON HUNDSTAD EMILY BISHOP JILL HUTCHENS

RAMSEY BRONYAH YUKA ITO SARAH BRUSCIA ANNA-LIISA JACOBSON

CHRIS CROOK JENNIFER JONES MARIE DEFOREST CHRIS KEIR ALEXIS FANELLI RYAN QUINN

MEG FERRIS WILL RABKE SARAH FLYNN BEN SILBERT

STEVE GANGEMI CHRISTINE SALMON EILEEN GELLER JENNIFER SULLIVAN

JIM HAWES BRIDGET WELBORN BRIAN HOADE ANNA-JANE ZARNDT

ASSOCIATE STAFF

TAYLOE GWATHMEY BRIAN KIRBY

NATHANIEL LOUNSBURY SHAWN MCINTIRE

HARRY PARENT

FACULTY ADVISOR

PROFESSOR JAMES GIBSON


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Copyright 1995-2006 Richmond Journal of Law & Technology. Except as otherwise provided, permission is granted for copies of each article to be made for classroom use, provided that (1) the

author and The Journal are identified, (2) proper notice of copyright is attached to each copy, (3) proper notice that the work was

originally published in The Richmond Journal of Law & Technology is included with the copies, and (4) The Journal is notified of the use.

richmond journal of law & te chnology

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